유체동산인도
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is the father of the defendant.
C as the mother of the Defendant and the Plaintiff’s former wife, the Plaintiff and the Plaintiff divorced on May 12, 201 by filing a divorce report.
On May 23, 2011, the Plaintiff donated the instant stable to the Defendant and completed the registration of ownership transfer on May 23, 201, while the Plaintiff owned each stable listed in “the indication of real estate” in the attached list (hereinafter “the instant stable”).
At present, the defendant raises pigs at the livestock shed of this case.
【In light of the fact that there has been no dispute, the entries in Eul Nos. 2 and 3 (including the paper number), the purport of the entire pleadings, and the gist of the plaintiff’s assertion, the gist of the plaintiff’s assertion, the plaintiff, as well as the plaintiff’s assertion, did not donate only the livestock shed of this case to the defendant, which is still owned by the plaintiff. Since the defendant, around October 201, has occupied the pigs 1,300 heads of pigs as indicated in the separate sheet (hereinafter “the instant pigs”), which are unspecified things, from the plaintiff, he/she sought delivery of the instant pigs to the defendant, and if it is impossible to deliver them, he/she seeks payment of money equivalent to the value of the pigs.
Preliminaryly, since the swine of this case was already destroyed if the specific material was already destroyed, the Plaintiff shall compensate the Defendant for damages equivalent to KRW 376,300,000, which is the total value at the time of the loss of the pigs of this case.
The gist of the Defendant’s assertion is that only the name of the Plaintiff was owned by the said livestock shed, and that the said livestock shed actually operated the livestock industry, and thus, the swine raised by the said livestock shed was owned solely by C or jointly by C and at least by the Plaintiff.
However, at the time of divorce between C and the Plaintiff, C and C agreed to donate the instant cattle shed and pigs to the Defendant, and the Plaintiff consented thereto, thereby receiving the instant swine as donated by the Defendant along with the instant cattle shed.
Even if the swine of this case is still the plaintiff.